We will now give a brief summary of the human rights mechanisms that can be used at local, regional and international levels to protect and enforce rights.

Local level

Protecting and enforcing your rights usually begins at local level using local mechanisms. Countries have different legal systems and mechanisms for protecting rights. These are suggestions for local mechanisms that can be used to protect and enforce human rights:

• civil courts;
• criminal courts;
• traditional court;
• ombudsman in the private sector (in business);
• ombudsman in the public sector (government/civil service);
• specific local human rights mechanisms (for example, a human rights commission).

Regional mechanisms

There are three bodies you can use:

• African Commission on Human and People's Rights
• African Court on Human and People's Rights
• African Committee on the Rights and Welfare of the Child

African Commission on Human and Peoples' Rights

The African Commission on Human and Peoples' Rights (the African Commission or AfCHPR) was created under the African Charter on Human and Peoples' Rights in 1987. The African Commission deals with inter-state complaints (between member states) and complaints by individuals and groups, including NGOs, on human rights abuses.

Each member state to the charter must cooperate with the commission and to submit to it a report every three years. In this report, the member state must report what the status of human rights is in their country, what has been done and what it will do in the future to guarantee the rights of its citizens in terms of the charter.

In the past the majority of member states have failed to submit these reports and no charges have ever been brought by one member state against another.

After the commission has come to a decision on the merits of a case before it, there is no effective mechanism to enforce the judgement. The effect of this has been that the commission is viewed as having no real power or teeth and so impunity remains a reality.

The African Court on Human and Peoples' Rights

The OAU has, in the Protocol to the AfCHPR on the Establishment of an African Court on Human and Peoples' Rights, made provision for the establishment of an African Court which will be able to issue final and binding legal judgements which can be enforced. This court will reinforce the effectiveness of the African Commission.

For this court to come into being, 15 OAU member states need to ratify it. Unfortunately only seven (as of July 2003) have in fact ratified it.

africancourt.pdf

African Committee on the Rights and Welfare of the Child

The African Charter on the Rights and Welfare of the Child allows for the establishment of an African Committee on the Rights and Welfare of the Child.

International mechanisms

The most important international mechanisms for enforcing and protecting rights are as follows:

• United Nations Commission on Human Rights (CHR)
• UN Sub-Commission on the Promotion and Protection of Human Rights (previously the Sub-commission on the Prevention of Discrimination and Protection of Minorities)

• Special procedures of the Commission on Human Rights (country and thematic mechanisms)
• Working Groups of the Commission on Human Rights
• Treaty monitoring bodies.

Treaty monitoring bodies include the following;

• Human Rights Committee (HRC) under the First Optional Protocol to the International Covenant on Civil and Political Rights;
• Committee Against Torture (CAT) under article 22 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment;

• Committee on the Elimination of Racial Discrimination (CERD) under article 14 of the International Convention on the Elimination of All Forms of Racial Discrimination;
• Commission on the Status of Women;
• Committee on the Rights of the Child.

Other important international mechanisms for enforcing and protecting rights include:

• International Labour Organisation (ILO)
• International Criminal Court.

Let's now look at an example of an abuse of rights and at the mechanisms that can be used at all levels to deal with the issue.

Example: People attack city mosque

The community you live in has a large Muslim population. Since the events in the United States in September 2001, people have become very prejudiced towards the Muslim community. This has shown itself in various ways but the worst has been an attack on the mosque in the town. The people who attacked the mosque painted anti-Muslim graffiti all over its walls.

The assailants are known to the community and leaders of the Muslim community have laid a complaint against them but the police refuse to take any action.

You are a human rights organisation and you have been approached by the leaders of the Muslim community. What action can you advise them to take?

Click to view our answers.

mechanisms.pdf